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Thank you all!!!

Your quick responses and perspectives are greatly appreciated and have
clarified a lot for me that wasn't clear earlier, which will help me when I
review the contract and reach out to the publisher again.

On Wed, Jun 27, 2018 at 1:00 AM, SCIART-L automatic digest system <
[log in to unmask]> wrote:

> There are 4 messages totaling 452 lines in this issue.
>
> Topics of the day:
>
>   1. illustration rights (4)
>
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> ----------------------------------------------------------------------
>
> Date:    Tue, 26 Jun 2018 09:28:35 -0400
> From:    Tammy Cloutier <[log in to unmask]>
> Subject: illustration rights
>
> Hello all!
>
> I am not a natural science illustrator (although I hope to collaborate with
> one for my PhD work), but am hoping for feedback from this professional
> community. I think I may have seen previous posts that relate to my
> question, so searched the archives, but didn't see the answer. However, my
> apologies if I overlooked it!
>
> My question...I wrote a children's book that relates to my PhD work, which
> was published last year, and worked with a local illustrator in Maine. I
> paid the illustrator for his work, but he unfortunately passed away shortly
> before the book was published.
>
> I am interested in obtaining at least 1 or 2 of the original illustrations,
> but have not received a response from his surviving partner or the small
> publisher I used. As illustrators, can you please tell me if you would own
> the rights to these illustrations, or would I have access to them since I
> commissioned them for my own project?
>
> Any thoughts or suggestions would be greatly appreciated!
>
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> ------------------------------
>
> Date:    Tue, 26 Jun 2018 09:38:00 -0400
> From:    "Emily S. Damstra" <[log in to unmask]>
> Subject: Re: illustration rights
>
> Tammy,
> Generally speaking, when one commissions an illustration in a situation
> like you've described, one is licensing the image for the stated purpose,
> not owning it (or the original artwork) outright. However, two parties can
> come up with any arrangement they want so it all depends on the language in
> your contract. Every situation is unique. Do you have a contract with the
> illustrator?
> ---
> *Emily S. Damstra*
> natural science illustration
> Guelph, Ontario
> (519) 616-3654
> *[log in to unmask] <[log in to unmask]>*
> emilydamstra.com
> @EmilyDamstra
>
>
> On Tue, Jun 26, 2018 at 9:28 AM Tammy Cloutier <[log in to unmask]>
> wrote:
>
> > Hello all!
> >
> > I am not a natural science illustrator (although I hope to collaborate
> > with one for my PhD work), but am hoping for feedback from this
> > professional community. I think I may have seen previous posts that
> relate
> > to my question, so searched the archives, but didn't see the answer.
> > However, my apologies if I overlooked it!
> >
> > My question...I wrote a children's book that relates to my PhD work,
> which
> > was published last year, and worked with a local illustrator in Maine. I
> > paid the illustrator for his work, but he unfortunately passed away
> shortly
> > before the book was published.
> >
> > I am interested in obtaining at least 1 or 2 of the original
> > illustrations, but have not received a response from his surviving
> partner
> > or the small publisher I used. As illustrators, can you please tell me if
> > you would own the rights to these illustrations, or would I have access
> to
> > them since I commissioned them for my own project?
> >
> > Any thoughts or suggestions would be greatly appreciated!
> >
> >
> > ________________________________________________
> >
> > Need to leave or subscribe to the Sciart-L listserv? Follow the
> > instructions at
> > https://urldefense.proofpoint.com/v2/url?u=http-3A__www.
> gnsi.org_resources_reviews_gnsi-2Dsciart-2Dl-2Dlistserv&d=DwIBaQ&c=
> Cu5g146wZdoqVuKpTNsYHeFX_rg6kWhlkLF8Eft-wwo&r=AGYZ7-AeerjxzYnIwL-
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> ------------------------------
>
> Date:    Tue, 26 Jun 2018 09:55:55 -0600
> From:    Marjorie Leggitt <[log in to unmask]>
> Subject: Re: illustration rights
>
> Hi Tammy.
>
> Quick answer: unless otherwise noted in a contract, the copyright to
> artwork remains with the illustrator.
>
> Marjorie Leggitt
>
> Leggitt Design
> 303-394-0566
> [log in to unmask]
> https://urldefense.proofpoint.com/v2/url?u=https-3A__www.
> science-2Dart.com_leggitt&d=DwIFAg&c=Cu5g146wZdoqVuKpTNsYHeFX_
> rg6kWhlkLF8Eft-wwo&r=AGYZ7-AeerjxzYnIwL-lBLFI3SPYN3BDmku4qGQB4Tg&m=
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> RoCWe0JTuoXgK1z8CpM&e=
>
> > On Jun 26, 2018, at 7:28 AM, Tammy Cloutier <[log in to unmask]>
> wrote:
> >
> > Hello all!
> >
> > I am not a natural science illustrator (although I hope to collaborate
> with one for my PhD work), but am hoping for feedback from this
> professional community. I think I may have seen previous posts that relate
> to my question, so searched the archives, but didn't see the answer.
> However, my apologies if I overlooked it!
> >
> > My question...I wrote a children's book that relates to my PhD work,
> which was published last year, and worked with a local illustrator in
> Maine. I paid the illustrator for his work, but he unfortunately passed
> away shortly before the book was published.
> >
> > I am interested in obtaining at least 1 or 2 of the original
> illustrations, but have not received a response from his surviving partner
> or the small publisher I used. As illustrators, can you please tell me if
> you would own the rights to these illustrations, or would I have access to
> them since I commissioned them for my own project?
> >
> > Any thoughts or suggestions would be greatly appreciated!
> >
> >
> > ________________________________________________
> >
> > Need to leave or subscribe to the Sciart-L listserv? Follow the
> instructions at
> > https://urldefense.proofpoint.com/v2/url?u=http-3A__www.
> gnsi.org_resources_reviews_gnsi-2Dsciart-2Dl-2Dlistserv&d=DwIFAg&c=
> Cu5g146wZdoqVuKpTNsYHeFX_rg6kWhlkLF8Eft-wwo&r=AGYZ7-AeerjxzYnIwL-
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>
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>
> ------------------------------
>
> Date:    Tue, 26 Jun 2018 12:32:51 -0400
> From:    Britt Griswold <[log in to unmask]>
> Subject: Re: illustration rights
>
> Tammy,
>
> If there is not an agreement on ownership in the contract, the art is the
> property of the artist.
> This is separate from reproduction rights for your book, which are
> hopefully properly addressed in
> the contract with the publisher.
>
> Do you know that the original final art for the book is a physical object?
> A lot of commercial work
> these days starts as pencil and paper, but quickly moves into the computer
> for ease of correction or
> completion. So there may not be a image for you to buy, other than some
> reproduction prints. If that
> is all you want, you might get that at a reasonable cost, it the files are
> available.
>
> Since you are the one who is driving the car on your book project as the
> author, you might want to
> see if it would be possible to get all the art, so it would be available
> for future editions of the
> work. At the very least it would be comforting to have a set of the
> digital files, if those were the
> final products, just as backup. You would still need to follow the
> contract on publishing and sales
> issues, but the fact that you are having a hard time getting information
> and the publisher is small,
> could mean at some point in the near future there may be no access at all
> to the materials. After an
> artist dies, there is a pretty decent chance that the original art that
> has no real meaning to their
> kin, if they have kin, will end up in the trash. Or the inheritors may
> hold the art as a sacred
> reminder of the person and never want to part with it, you just don't know.
>
> The original art can possibly be purchased from the inheritor of the
> artist's property/work, and
> potentially you could also do a buyout of the reproduction rights as well
> (but check with the
> publisher's contract to see what they "own" and for how long they own it.)
> I want to wish you luck
> in making contact with them.
>
> Britt
>
>
> On Jun 26, 2018, at 7:28 AM, Tammy Cloutier <[log in to unmask]
> <mailto:[log in to unmask]>>
> wrote:
> > Hello all!
> >
> > I am not a natural science illustrator (although I hope to collaborate
> with one for my PhD work),
> > but am hoping for feedback from this professional community. I think I
> may have seen previous
> > posts that relate to my question, so searched the archives, but didn't
> see the answer. However, my
> > apologies if I overlooked it!
> >
> > My question...I wrote a children's book that relates to my PhD work,
> which was published last
> > year, and worked with a local illustrator in Maine. I paid the
> illustrator for his work, but he
> > unfortunately passed away shortly before the book was published.
> >
> > I am interested in obtaining at least 1 or 2 of the original
> illustrations, but have not received
> > a response from his surviving partner or the small publisher I used. As
> illustrators, can you
> > please tell me if you would own the rights to these illustrations, or
> would I have access to them
> > since I commissioned them for my own project?
> >
> > Any thoughts or suggestions would be greatly appreciated!
>
>
> Subscribe to Sciart-L by completing the form at https://listserv.unl.edu/
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>
> ------------------------------
>
> End of SCIART-L Digest - 19 Jun 2018 to 26 Jun 2018 (#2018-73)
> **************************************************************
>



-- 
Best,

Tammy

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